By Stephen Burke. Last Updated 22nd February 2024. A head injury has the potential to change your life, causing a range of injuries from cuts and gashes to severe brain damage. If you suffered harm through no fault of your own, you could make a personal injury claim. Below, we look at head injury compensation claims in detail.
We look at the criteria for making a claim for a head injury, compensation payouts, and how the claims process works.
If you’d like to make a claim for a head injury or for brain damage, then we can help. Our solicitors specialise in serious injuries like this. Over the years they’ve helped scores of people successfully recover the compensation they deserve. They can help you too.
To get a free case check, get in touch with us by:
- Calling us on 0800 073 8801
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- Or writing to us about your case here
To learn more about claiming compensation for a head injury, please read on.
Select A Section
- Head Injury Compensation Payouts
- The Criteria For Making Head Injury Compensation Claims
- How Could A Head Injury Occur?
- What Evidence Do You Need To Make A Head Injury Compensation Claim?
- What Is A No Win No Fee Agreement And Can I Claim This Way?
- Learn More About Head Injury Compensation Claims
Head injury compensation payouts vary from case to case, with the unique circumstances of each claim coming under consideration. Because of this, we can’t provide an example of average compensation for a head injury. However, we can offer more information on what a head injury payout could be made up of and how legal professionals value each area.
The first head of compensation that you could pursue is known as general damages. Every successful claim will result in general damages, as this area of compensation addresses the physical pain inflicted by the head injury and the way it affects your life. This head of claim also covers psychological injuries.
When solicitors value this head of claim, they might get help from the Judicial College Guidelines (JCG). This is a document that provides guideline settlement amounts for different physical and psychological injuries. In the table below, you can see some examples of these guidelines as they relate to head injuries. Please note that this table is for illustrative purposes only. The first entry is not based on the JCG.
Guideline Compensation Amounts
|Multiple Serious Injuries with Special Damages
|Compensation for multiple injuries that are serious, both physical and mental, with special damages such as lost wages.
|Up to £1,000,000+
|Very Severe Brain Damage (a)
|The person will show little meaningful response to their environment and will need constant nursing care. However, they may be able to follow basic commands.
|£282,010 to £403,990
|Moderately Severe Brain Damage (b)
|The person will need constant care due to being seriously disabled. They may also experience limb paralysis and cognitive impairments.
|£219,070 to £282,010
|Moderate Brain Damage (i)
|The person experiences a personality change, with an effect on sight and speech with an intellectual deficit.
|£150,110 to £219,070
|Moderate Brain Damage (ii)
|The person’s ability to work is significantly reduced. They also experience a moderate intellectual deficit with a risk of epilepsy.
|£90,720 to £150,110
|Moderate Brain Damage (iii)
|The person’s memory and concentration have been affected and there is a slight risk of epilepsy.
|£43,060 to £90,720
|Less Severe Brain Damage (d)
|The person will be able to take part in normal working and social life due to a good recovery. However they may still have problems with concentration and memory.
|£15,320 to £43,060
|Established Grand Mal
|£102,000 to £150,110
|Established Petiti Mal. Various factors will affect how much is awarded, such as the effect on social and working life.
|£54,830 to £131,370
|One or two discreet episodes or where there is a temporary resurgence of epilepsy. Various factors will affect how much is awarded.
|£10,640 to £26,290
What Are Special Damages?
Your compensation might also include special damages. This addresses the financial losses caused by your head injury. For example, taking time off work to recover may lead to lost earnings. In this case, you may be able to claim these earnings back under special damages.
Special damages could also help you recoup the cost of:
- Essential travel
- Mobility aids
- Over-the-counter medicines
- Domestic help
You must be able to provide evidence of your losses in order to make a claim for special damages. Contact our team of advisors today to learn more about compensation for a head injury claim.
To be eligible to make a personal injury claim, you will need to show that another relevant party breached their duty of care and this caused you to suffer your head injury. A breach of duty of care that results in an injury is known as negligence.
There are various instances where you are owed a duty of care, such as:
- In public places – The Occupiers’ Liability Act 1957 states that any party in control of a public space owes a duty of care to members of the public. Per this duty, they must take all the necessary and practicable steps to ensure your reasonable safety whilst you are using that public space for its intended purposes.
- In the workplace – The Health and Safety at Work etc. Act 1974 states that your employer owes you a duty of care. They must take reasonable steps to ensure your safety while you are in the workplace and performing work-related tasks.
- On the road – Pedestrians, cyclists and motorists are all considered as road users. Per the Road Traffic Act 1988, all road users must use the roads responsibly to avoid causing harm to others and themselves. This is their duty of care. Additionally, they must follow the rules set out in the Highway Code to promote road safety.
To make a head injury accident claim you must be able to prove that your injury resulted from a third party breaching the duty of care they owed to you.
Contact our advisors today to receive free advice for your potential claim or to learn more about the potential head injury compensation payouts that could be awarded for successful claims.
How Long Do You Have To Claim Compensation For A Head Injury?
There is a time limit on filing a personal injury claim. Generally, you have three years from the date of the accident to claim for a head injury. If you meet the eligibility criteria but fail to claim within the time limit dictated by the Limitation Act 1980, your claim could become time-barred.
There are some exceptions, however, to this three-year time limit. For example, if a child wanted to claim compensation for a head injury, they could only file a claim once they reached 18 years of age. However, an appropriate adult could act as a litigation friend and bring a claim forward on their behalf. If no claim has been made by a litigation friend and the child turns 18, they would have three years to start a claim from their 18th birthday.
There are also exceptions to those who lack the mental capacity to claim for themselves. The time limit in these cases would freeze indefinitely. Again, a litigation friend could bring a claim forward on their behalf. However, if this does not happen and the person regains this mental capacity, they will have three years from the date of their recovery to file their claim.
To learn more about limitation periods and head injury claims, please contact an advisor.
Many different types of accidents can cause a head injury in both adults and children. Some examples could include:
- While working on a construction site, your employer failed to provide you with a hard hat even though the need for one had been identified. Due to this, you suffered a serious head injury when some equipment fell on your head from some scaffolding.
- A driver drives through a red light at a junction. This causes them to crash into the side of your car, and you suffer a head injury as well as a broken arm and leg.
- A display sign within a retail shop had not been properly secured to the wall. Due to this, it detaches and falls from the wall hitting you on your head and causing an injury.
These are just a few examples of what could cause a head or brain injury. However, you must remember that in order to have a valid personal injury claim, your injury must have directly resulted from someone breaching a duty of care they owed you.
If you would like to discuss your case with an advisor to see if you could claim, please contact us at any time. They can also answer any questions you may have about head injury compensation payouts.
Head injury compensation claims require certain evidence. You’ll need to prove in your claim that another party breached a duty of care that they owed you and that this caused your head injury.
Evidence that could support a head injury claim may include:
- Photographs that show the accident scene and your injury.
- Any video footage available that shows the accident that caused your head injury, such as CCTV footage or dashcam footage.
- Medical records that confirm your head injury and the treatment you’ve received for it.
- The contact details of any witnesses who can provide a statement about the accident that caused your head injury.
If a personal injury solicitor is helping with your case, then they can support you with gathering evidence. For more advice on evidence for a head injury claim or getting support from one of our solicitors, contact our team online or on the phone today.
Our No Win No Fee solicitors can help with head injury claims under the terms of a Conditional Fee Agreement (CFA).
A No Win No Fee solicitor can tell you how much compensation for your head injury you could receive and help you through every step of the claims process.
When represented by a No Win No Fee solicitor, they don’t charge an upfront fee. A success fee is deducted from your compensation awarded in a successful claim. This will be capped by law. If your claim isn’t successful, you won’t be asked for a success fee.
Contact Our Team
Our team can discuss head injury compensation claims. If your head injury claim has a good chance of success and you wish to proceed with our services, you could be put in touch with our solicitors.
When you are ready to find out more or to start your claim for brain injury compensation, speak to the experts at Accident Claims UK. We can assess your injuries and help you to start making a claim. Contact our specialists today by calling 0800 073 8801.
Below, you can find more useful guides on personal injury claims:
- Headway – Headway is a UK-based head injury charity providing information and advice for people with head injuries.
- NHS Head Injuries – Get further detailed advice and information on head injuries, with information on symptoms and treatment options with this NHS guide.
- Mental Health Support and Resources – Take a look at how the NHS could assist you and support your mental health.
- Hospital negligence claims – Read our guide on making a claim for a head injury resulting from hospital negligence. Head injury compensation payouts could result from negligence.
- Warehouse accident claims – Have you been involved in an accident in a warehouse that resulted in a head injury? If so, our guide could help you claim the head injury compensation payouts you deserve.
Other Helpful Guides Relating To Brain Injury Compensation Claims:
- Finger Injury Claim Calculator
- Can I Be Dismissed After Making An Injury At Work Claim?
- Climbing Wall Activity Personal Injury Claims
- Top Tips On How To Claim For Fatal Injury Compensation
- Fatal Accident Examples – Check If You Can Claim
- Poor Or Inadequate Stair Lighting Caused An Accident – Can I Claim?
- Claims For Accidents In Public Places – What Are The Pre Action Protocols?
Thank you for taking the time to read our guide on head injury claims and brain injury compensation claims as well as brain damage after a car accident. We hope to have answered all your questions about claiming head injury compensation, whether you’ve suffered a hairline skull fracture or a more serious injury.